What are the requirements for an involuntary commitment?
In Virginia, involuntary commitment is a legal process that allows individuals to receive care for serious mental health issues when they are unable to take care of themselves. To initiate an involuntary commitment, a mental health professional must assess an individual’s mental state and determine if they pose an immediate danger to themselves or others. If the individual is found to be a danger, they must then meet certain requirements to be committed, including having a severe mental illness and being unable to understand their need for treatment. For an involuntary commitment to be approved, the mental health professional must submit an application that includes a detailed description of the individual’s mental state. This application must be accompanied by the signatures of two mental health professionals who both agree that the individual’s mental illness is severe and that they are unable to understand their need for treatment. In addition, if the individual is not willing to voluntarily receive care, two individuals, who can be family members or other people familiar with the individual, must publicly testify in a court of law that the individual poses an immediate danger. Once all of the requirements have been met, a commitment order can be issued by a judge or magistrate and the individual can be admitted to a mental health facility and receive the necessary treatment. In cases where the individual poses a risk of danger to themselves or others, they may also be ordered to receive involuntary medication. Whether an individual is released from the facility is ultimately up to the mental health professionals and depends on the individual’s progress in treatment.
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